Vesa Holdings P. Ltd. & Anr. Vs. State of Kerala & Ors.
|
Head Note
Indian Penal Code,1860 - Section 420
Cheating - Breach of Contract - Held that every breach of contract would not give rise to an offence of cheating - If the intention to cheat has developed later on, the same cannot amount to cheating -For the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation - Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in the absence of a culpable intention at the time of making initial promise being absent, no offence under Section 420 IPC can be said to have been made out.
The Code of Criminal Procedure, 1973 - Section 482 , Indian Penal Code,1860 - Section 420
Cheating - Civil Wrong - In a given set of facts may make out a civil wrong as also a criminal offence - Only because a civil remedy may be available to the complainant that itself cannot be a ground to quash a criminal proceeding - Real test is whether the allegations in the complaint disclose the criminal offence of cheating or not.
The Code of Criminal Procedure, 1973 - Section 482 , Indian Penal Code,1860 - Section 420
Held that the complaint does not disclose any criminal offence at all - In view of these facts allowing the police investigation to continue would amount to an abuse of the process of court - High Court held to have committed an error in refusing to exercise the power under Section 482 Cr.P.C. to quash the proceedings.
Topic(s)-Quashing of FIR - Cheating and Breach of Contract